RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-01253
		INDEX CODE 107.00
		COUNSEL:  NONE
  
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and the Distinguished Flying Cross (DFC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should receive the PH for a wound he received in Bonn, Germany, during World War II when the building he was in was hit by either mortar or 88mm shells from German soldiers.  At the time, he felt something hit his back and there was blood on his shirt.  He was told he could be written-up for a PH; however, since it was not bad he said to forget about it.  Several years ago he had a back x-ray which revealed a piece of lead in his back.

He should be awarded the DFC because he was the only B-26 pilot to shoot down an ME-109.  In this regard, he states that on 2 March 1945, as the lead ship of a three-ship “window” flight dispensing anti-radar “chaff” approximately 500 feet below and in front of a 33-ship group formation, a German ME-109 began firing at a flight of six B-26s.  He immediately began firing his aircraft’s four fixed package guns at the ME-109, striking it and causing it to stream black smoke.  He continued to fire at the ME-109 through the black smoke and did not stop until he ran out of ammunition.  One of their P-38s followed the ME-109 down and confirmed its destruction.  When he returned to base, he was told that all four of the aircraft’s gun barrels had burned out as a result of the continuous firing, rather than the required two second bursts to help the barrels cool.  His attitude at the time was that it was war and he was just doing his job; however, he now desires the recognition he deserves.

The applicant states that if he can show that he was awarded the PH and DFC, he will be eligible for property tax incentives offered to certain veterans by the Commonwealth of Massachusetts.

In support of the appeal, applicant submits statements from his former co-pilot and other squadron members, and an article from a bomb group association bulletin.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former Army Air Corps member that served on active duty from 12 March 1944 to 20 October 1945 as a B-26G “Marauder” pilot assigned to the 586th Bomb Squadron, 394th Bombardment Group, 9th Bomb Division.  During this period he completed a total of 39 combat missions totaling 200 combat hours in the Ardennes, Rhineland and Central European theatres of operation, to include the Battle of the Bulge, and was awarded seven Air Medals.

The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel. 
 
The DFC was established by Congress on 2 July 1926 and is awarded for heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied. AFPC/DPPPR states, in part, that there is no evidence in the applicant’s military records that supports that he was injured as a direct result of enemy action.  On 27 August 2001, AFPC/DPPPR provided the applicant the criteria for award of the PH and DFC and requested that he provide additional information to substantiate his claim.  The applicant did not respond to their request.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 2 November 2001 for review and response within 30 days.  However, as of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  While we acknowledge the applicant’s statement concerning his destruction of an ME-109, we find no evidence that he was ever recommended for the Distinguished Flying Cross (DFC) for this event.  Furthermore, we find insufficient evidence to indicate that he meets the criteria for award of the Purple Heart (PH).  The personal sacrifice the applicant endured for his country is noted and our decision should in no way diminish the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the DFC and the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 6 December 2001, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 29 Oct 01, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Nov 01.

                                   
                                   Panel Chair